Enacts the "OSHA notification act"; requires the city commissioner of buildings to report to the federal Occupational Safety and Health Administration any violations of this code, which in the department of building's judgment, would potentially endanger workplace safety; further requires such report to include, but not be limited to, the number and types of violations reported to OSHA.
STATE OF NEW YORK
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222
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. LANCMAN, PHEFFER, JAFFEE -- read once and
referred to the Committee on Labor
AN ACT to amend the administrative code of the city of New York, in
relation to enacting the "OSHA notification act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "OSHA
2 notification act."
3 § 2. Legislative findings. The legislature hereby finds and declares
4 that the health and safety of the population living in and around the
5 many construction projects within the densely populated city of New York
6 is a matter of state concern as pressure mounts to build more and more
7 while completing projects in the shortest time possible. Construction is
8 the most dangerous occupation, with death rates four times the average
9 for other workers and conditions adjacent to construction sites danger-
10 ous to the public. Recent construction accidents involving cranes, for
11 example, have killed construction workers and members of the public, and
12 have resulted or will result in the expenditure of state resources for
13 emergency services, court administration and infrastructure repair.
14 Additionally, two senior buildings department officials were recently
15 charged with various state crimes related to their failure to perform
16 their duties and to protect public safety. Construction safety in the
17 city of New York is covered by federal, state and local statutes, regu-
18 lations and agencies and can only be achieved through proper coordi-
19 nation and cooperation among the federal, state and local government.
20 Testimony at a 2008 legislative hearing focused on safety problems in
21 the New York city construction industry, including the lack of coordi-
22 nation between the department of buildings and the federal Occupational
23 Safety and Health Administration. Requiring the department of buildings
24 to report potential workplace safety hazards to OSHA, the entity respon-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01240-01-1
A. 222 2
1 sible for private sector workplace safety in New York, is essential to
2 accomplishing the state's concern that the health and safety of the
3 population living in and around the many construction projects within
4 the densely populated city of New York be protected.
5 § 3. Section 27-102 of the administrative code of the city of New York
6 is amended to read as follows:
7 § 27-102 Purpose. (a) The purpose of this code is to provide reason-
8 able minimum requirements and standards, based upon current scientific
9 and engineering knowledge, experience and techniques, and the utiliza-
10 tion of modern machinery, equipment, materials, and forms and methods of
11 construction, for the regulation of building construction in the city of
12 New York in the interest of public safety, health and welfare, and with
13 due regard for building construction and maintenance costs.
14 (b) The commissioner shall report to the federal Occupational Safety
15 and Health Administration any violations of this code, which in the
16 department's judgment, would potentially endanger workplace safety. The
17 commissioner shall further submit an annual report to the mayor of the
18 city of New York, the New York city council, the governor, the temporary
19 president of the senate, the speaker of the assembly, the minority lead-
20 er of the senate and the minority leader of the assembly. Such report
21 shall include, but not be limited to, the number and types of violations
22 reported to the federal Occupational Safety and Health Administration.
23 § 4. This act shall take effect immediately.
